50 USC 1805 - Issuance of order

1 See References in Text note below.

of this title and any other information furnished under section 1804(d) 

2 So in original.

3 So in original. No par. (4) has been enacted.

An extension of an order issued under this subchapter for surveillance targeted against a United States person, to the extent practicable and absent exigent circumstances, shall be granted or denied by the same judge who issued the original order unless the term of such judge has expired or such judge is otherwise no longer serving on the court.

Editorial Notes

References in Text

Section 1804(a)(7)(E) of this title, referred to in subsec. (a)(4), was redesignated section 1804(a)(6)(E) of this title by Puspan. L. 110–261, title I, § 104(1)(B), July 10, 2008, 122 Stat. 2461.

Section 1804(d) of this title, referred to in subsec. (a)(4), was redesignated section 1804(c) of this title by Puspan. L. 110–261, title I, § 104(3), July 10, 2008, 122 Stat. 2461.

This chapter, referred to in subsecs. (d), (f)(1), and (i), was in the original “this Act”, meaning Puspan. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Codification

As originally enacted, Puspan. L. 107–56, § 225, amended this section by adding subsec. (h) relating to bar of legal action after subsec. (g). The section already contained a subsec. (h). Both Puspan. L. 107–108, § 314(a)(2)(C), and Puspan. L. 107–273, § 4005(c), made amendments retroactive to the date of enactment of Puspan. L. 107–56 which had the effect of redesignating subsec. (h), relating to bar of legal action, as subsec. (i) and transferring it to appear at the end of this section. See 2001 Amendment notes, Effective Date of 2002 Amendment note, and Effective Date of 2001 Amendment note below.

Amendments

2024—Subsec. (d)(1)(A). Puspan. L. 118–49, § 6(g)(1)(A)(i), which directed the substitution of “against a foreign power” for “against a foreign power, as defined in section 1801(a), (1), (2), or (3) of this title,” was executed by making the substitution for “against a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title,” to refelct the probable intent of Congress.

Subsec. (d)(1)(B). Puspan. L. 118–49, § 6(g)(1)(A)(ii), substituted “one year” for “120 days”.

Subsec. (d)(2) to (4). Puspan. L. 118–49, § 6(g)(1)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “Extensions of an order issued under this subchapter may be granted on the same basis as an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that (A) an extension of an order under this chapter for a surveillance targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power as defined in section 1801(a)(4) of this title that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period, and (B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a United States person may be for a period not to exceed 1 year.”

Subsec. (d)(5). Puspan. L. 118–49, § 5(a), added par. (5).

2019—Puspan. L. 116–69 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2018—Subsec. (d)(4). Puspan. L. 115–118 added par. (4).

2015—Subsec. (c)(2). Puspan. L. 114–23, § 705(a), (c), amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below. Pursuant to Puspan. L. 109–177, § 102(span)(1), as amended by Puspan. L. 112–14, subsec. (c)(2) was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amendment by Puspan. L. 114–23, which delayed the reversion of subsec. (c)(2) from June 1, 2015, to Dec. 15, 2019, was given effect to reflect the probable intent of Congress, notwithstanding that Puspan. L. 114–23 was enacted on June 2, 2015.

Subsecs. (f) to (j). Puspan. L. 114–23, § 701(a), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

2011—Subsec. (c)(2). Puspan. L. 112–14 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

Puspan. L. 112–3 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2010—Subsec. (c)(2). Puspan. L. 111–141 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

Subsec. (c)(2)(C). Puspan. L. 111–259 made technical amendment to directory language of Puspan. L. 108–458, § 1071(e). See 2004 Amendment note below.

2009—Subsec. (c)(2). Puspan. L. 111–118 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2008—Subsec. (a). Puspan. L. 110–261, § 105(a)(1), redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: “the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information;”.

Subsec. (span). Puspan. L. 110–261, § 105(a)(2), substituted “(a)(2)” for “(a)(3)”.

Subsec. (c)(1)(D) to (F). Puspan. L. 110–261, § 105(a)(3), inserted “and” after semicolon at and of subpar. (D), substituted a period for “; and” in subpar. (E), and struck out subpar. (F) which read as follows: “whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device.”

Subsec. (d). Puspan. L. 110–261, § 105(a)(4), (5), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to exclusion of certain information respecting foreign power targets from ex parte order.

Subsec. (d)(2). Puspan. L. 110–261, § 110(c)(1), substituted “paragraph (5), (6), or (7) of section 1801(a)” for “section 1801(a)(5) or (6)”.

Subsec. (e). Puspan. L. 110–261, § 105(a)(5), (6), redesignated subsec. (f) as (e) and amended it generally. Prior to amendment, subsec. (e) related to authority of the Attorney General to authorize emergency employment of electronic surveillance and required application to a judge within 72 hours after authorization. Former subsec. (e) redesignated (d).

Subsecs. (f) to (i). Puspan. L. 110–261, § 105(a)(5), (7), added subsec. (i) and redesignated former subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f) redesignated (e).

2006—Subsec. (c)(1). Puspan. L. 109–177, § 108(span)(1), substituted “(1) Specifications.—An order approving an electronic surveillance under this section shall specify—” for “An order approving an electronic surveillance under this section shall—

“(1) specify—”.

Subsec. (c)(1)(A). Puspan. L. 109–177, § 108(a)(2)(A), substituted “specific target of the electronic surveillance identified or described in the application pursuant to section 1804(a)(3) of this title” for “target of the electronic surveillance”.

Subsec. (c)(1)(F). Puspan. L. 109–177, § 108(span)(2), substituted period for “; and” at end.

Subsec. (c)(2). Puspan. L. 109–177, § 108(span)(3), inserted par. span and substituted “An order approving an electronic surveillance under this section shall direct” for “direct” in introductory provisions.

Puspan. L. 109–177, § 102(span)(1), as amended by Puspan. L. 111–118, Puspan. L. 111–141, Puspan. L. 112–3, Puspan. L. 112–14, Puspan. L. 114–23, § 705(a), (c), and Puspan. L. 116–69, amended par. (2), effective Mar. 15, 2020, so as to read as it read on Oct. 25, 2001. Prior to amendment, par. (2) established requirements of orders approving electronic surveillance.

Subsec. (c)(2)(B). Puspan. L. 109–177, § 108(a)(2)(B), substituted “where the Court finds, based upon specific facts provided in the application,” for “where the Court finds”.

Subsec. (c)(3). Puspan. L. 109–177, § 108(span)(4), added par. (3).

Subsec. (e)(1)(B). Puspan. L. 109–177, § 105(a)(1), substituted “who is not a United States person” for “, as defined in section 1801(span)(1)(A) of this title”.

Subsec. (e)(2)(B). Puspan. L. 109–177, § 105(a)(2), substituted “who is not a United States person” for “as defined in section 1801(span)(1)(A) of this title”.

2004—Subsec. (c)(2)(C). Puspan. L. 108–458, § 1071(e), as amended by Puspan. L. 111–259, substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2002—Subsec. (i). Puspan. L. 107–273 amended Puspan. L. 107–56, § 225. See 2001 Amendment notes below.

2001—Subsec. (c)(1)(B). Puspan. L. 107–108, § 314(a)(2)(A), inserted “, if known” before semicolon at end.

Subsec. (c)(2)(B). Puspan. L. 107–56, § 206, inserted “, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,” after “specified person”.

Subsec. (e)(1). Puspan. L. 107–56, § 207(a)(1), inserted “(A)” after “except that” and “, and (B) an order under this chapter for a surveillance targeted against an agent of a foreign power, as defined in section 1801(span)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less” before period at end.

Subsec. (e)(2). Puspan. L. 107–56, § 207(span)(1), as amended by Puspan. L. 107–108, § 314(c)(1), inserted “(A)” after “except that” and “, and (B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power as defined in section 1801(span)(1)(A) of this title may be for a period not to exceed 1 year” before period at end.

Subsec. (f). Puspan. L. 107–108, § 314(a)(2)(B), substituted “72 hours” for “twenty-four hours” in two places in concluding provisions.

Subsec. (h). Puspan. L. 107–108, § 314(a)(2)(C), transferred subsec. (h) added by section 225 of Puspan. L. 107–56 to appear after the subsec. (h) redesignated by section 602(span)(2) of Puspan. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Subsec. (i). Puspan. L. 107–108, § 314(a)(2)(D), inserted “for electronic surveillance or physical search” before period at end.

Puspan. L. 107–108, § 314(a)(2)(C), transferred subsec. (h) added by section 225 of Puspan. L. 107–56 to appear after the subsec. (h) redesignated by section 602(span)(2) of Puspan. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Puspan. L. 107–56, § 225, as amended by Puspan. L. 107–273, § 4005(c), added subsec. (i) relating to bar of legal action.

2000—Subsecs. (span), (c). Puspan. L. 106–567, § 602(span)(1), (2), added subsec. (span) and redesignated former subsec. (span) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 106–567, § 602(span)(1), (3), redesignated subsec. (c) as (d) and substituted “subsection (c)(1)” for “subsection (span)(1)”. Former subsec. (d) redesignated (e).

Subsecs. (e) to (h). Puspan. L. 106–567, § 602(span)(1), redesignated subsecs. (d) to (g) as (e) to (h), respectively.

1984—Subsec. (f)(2)(C). Puspan. L. 98–549 substituted “section 705” for “section 605” in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, by section 6(a) of Puspan. L. 98–549. Because both sections translate as “section 605 of Title 47”, the amendment by Puspan. L. 98–549 resulted in no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–261 effective July 10, 2008, except as provided in section 404 of Puspan. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Puspan. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective Date of 2006 Amendment

Puspan. L. 109–177, title I, § 102(span), Mar. 9, 2006, 120 Stat. 195, as amended by Puspan. L. 111–118, div. B, § 1004(a), Dec. 19, 2009, 123 Stat. 3470; Puspan. L. 111–141, § 1(a), Fespan. 27, 2010, 124 Stat. 37; Puspan. L. 112–3, § 2(a), Fespan. 25, 2011, 125 Stat. 5; Puspan. L. 112–14, § 2(a), May 26, 2011, 125 Stat. 216; Puspan. L. 114–23, title VII, § 705(a), (c), June 2, 2015, 129 Stat. 300; Puspan. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143, provided that:

“(1)In general.—Effective March 15, 2020, the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.] is amended so that title V and section 105(c)(2) [50 U.S.C. 1861 to 1863, and 1805(c)(2)] read as they read on October 25, 2001.

“(2)Exception.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.”

[Puspan. L. 109–177, § 102(span)(1), set out above, as amended by Puspan. L. 112–14, provided that sections 1861 and 1862 of this title and subsec. (c)(2) of this section were amended, effective June 1, 2015, to read as they read on Oct. 25, 2001. Puspan. L. 114–23, § 705(a), amended section 102(span)(1) by substituting “December 15, 2019” for “June 1, 2015”, thereby delaying the reversion of those provisions until Dec. 15, 2019. Such amendment was given effect in those provisions by not executing the reversions on June 1, 2015, to reflect the probable intent of Congress, notwithstanding that Puspan. L. 114–23 was enacted on June 2, 2015. See Amendment of Subsection (c)(2) note and 2015 Amendment note for subsec. (c)(2) above and Codification and 2015 Amendment notes under sections 1861 and 1862 of this title.]

Effective Date of 2004 Amendment

For Determination by President that amendment by Puspan. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective Date of 2002 Amendment

Puspan. L. 107–273, div. B, title IV, § 4005(c), Nov. 2, 2002, 116 Stat. 1812, provided that the amendment made by section 4005(c) is effective Oct. 26, 2001.

Effective Date of 2001 Amendment

Puspan. L. 107–108, title III, § 314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(1) of Puspan. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Puspan. L. 107–56 as originally enacted.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Puspan. L. 98–549, set out as a note under section 521 of Title 47, Telecommunications.